Lehan v. North Main Street Garage, Inc.

This is an action for the conversion of an automobile sold on conditional sale by the plaintiff, a dealer in automobiles, to one Gewlas on March 1, 1940, and resold by Gewlas to the defendant, also a dealer, on or about June 27, 1940, before Gewlas had paid the full purchase price to the plaintiff. The evidence was to the effect that Gewlas, instead of merely transferring his interest as conditional vendee (see Rowe Vending Machine Co. Inc. v. Morris, 276 Mass. 274, 280), purported to convey to the defendant, and the defendant intended to obtain, and believed it was obtaining, a full and…